As used in this part 14, unless the context
otherwise requires:
(1) Certified industrial hygienist means an individual that is certified by the
American board of industrial hygiene or its successor.
(1.5) Continuing contract means a contract for professional services
entered into pursuant to this part 14 between a state agency or state institution of
higher education and a person, whereby the person provides professional services
to the state agency or state institution of higher education for work of a specified
nature as outlined in the contract required by the state agency or state institution
of higher education with no specific time limitation. Any such contract shall provide
a termination clause.
(2) Department means the department of personnel.
(2.2) Industrial hygienist means an individual who has obtained a
baccalaureate or graduate degree in industrial hygiene, biology, chemistry,
engineering, physics, or a closely related physical or biological science from an
accredited college or university. The special studies and training of such individual
shall be sufficient in the cognate sciences to provide the ability and competency to:
(a) Anticipate and recognize the environmental factors and stresses
associated with work and work operations and to understand their effects on
individuals and their well-being;
(b) Evaluate on the basis of training and experience and with the aid of
quantitative measurement techniques the magnitude of such environmental factors
and stresses in terms of their ability to impair human health and well-being;
(c) (I) Prescribe methods to prevent, eliminate, control, or reduce such
factors and stresses and their effects.
(II) Any individual who has practiced within the scope of the meaning of
industrial hygiene for a period of not less than five years immediately prior to July 1,
1997, is exempt from the degree requirements set forth in this subsection (2.2).
(III) Any individual who has a two-year associate of applied science degree in
environmental science from an accredited college or university and in addition not
less than four years practice immediately prior to July 1, 1997, within the scope of
the meaning of industrial hygiene is exempt from the degree requirements set forth
in this subsection (2.2).
(3) Person means an individual, a corporation, a limited liability company, a
partnership, a business trust, an association, a firm, or any other legal entity.
(3.5) Practice of industrial hygiene means the performance of professional
services, including but not limited to consulting, investigating, sampling, or testing
in connection with the anticipation, recognition, evaluation, and control of those
environmental factors or stresses arising in or from the workplace that may cause
sickness, impaired health, or significant discomfort to workers or the public.
Practice of industrial hygiene includes but is not limited to the identification,
sampling, and testing of chemical, physical, biological, and ergonomic stresses and
the development of physical, administrative, personal protective equipment, and
training methods to prevent, eliminate, control, or reduce such factors and stresses
and their effects. The term does not include the practice of architecture, as defined
in section 12-120-402 (5), or the practice of engineering, as defined in section 12-120-202 (6).
(4) Practice of landscape architecture means the performance of
professional services such as consultation, investigation, reconnaissance, research,
planning, design, or responsible supervision in connection with the development of
land areas or land use, where and to the extent that the dominant purpose of any
such service is the preservation and development of existing and proposed land
features, ground surface, planting, naturalistic features, and esthetic values.
Practice of landscape architecture includes the design, location, and arrangement
of such tangible objects and features as are incidental and necessary to the
purposes outlined in this subsection (4), but the term does not include the making
of land surveys or final engineered plats for official recording, integration of design
of structures of earth, or other construction materials.
(5) Principal representative means the governing board of a state agency
or state institution of higher education or, if there is no governing board, the
executive head of a state agency or state institution of higher education, as
designated by the governor or the general assembly.
(6) Professional services means those services within the scope of the
following:
(a) The practice of architecture, as defined in section 12-120-402 (5);
(b) The practice of engineering, as defined in section 12-120-202 (6);
(c) The practice of professional land surveying, as defined in section 12-120-302 (5);
(d) The practice of landscape architecture, as defined in subsection (4) of
this section;
(e) The practice of industrial hygiene, as defined in subsection (3.5) of this
section.
(7) State agency has the same meaning as set forth in section 24-30-1301
(17).
(8) State institution of higher education has the same meaning as set forth
in section 24-30-1301 (18).